The Ministry of Transport has just issued Circular No. 43 amending and supplementing a number of articles of Circular 17/2017 stipulating conditions for foreign seafarers to work on Vietnamese ships.

In this Circular, the Ministry of Transport adds more specific professional conditions. Accordingly, foreign seafarers who want to work on board Vietnamese ships, in addition to having a certificate issued by a Vietnamese competent authority or a competent authority of a country or territory, have signed an agreement with Vietnam. Regarding the recognition of professional certificates, they must meet the additional requirement that they have a minimum seagoing time of 36 months. “Time at sea is the time when a seafarer works, apprentices, holds a title or apprentice on a ship,” the Circular clearly states. The Ministry of Transport also requires foreign seafarers when working on Vietnamese ships, in addition to documents, papers and professional certificates as prescribed by Vietnamese law and relevant international conventions, to comply with Have a crew member’s labor contract, work permit or written confirmation of not being eligible for a work permit to serve the inspection of the authorities when necessary.

In addition, in the revised Circular, the Ministry of Transport has adjusted the legal content related to professional certificates and work permits.

In particular, the certificate of professional competence will not only be issued by the Vietnam Maritime Administration, but the Maritime Sub-department or the Port Authority authorized by the Vietnam Maritime Administration can also issue this type of document to foreign seafarers who have Professional certificates issued by competent authorities.

Regarding general conditions, in case they are not eligible for a work permit, seafarers must apply for a written certification issued by the Employment Department under the Ministry of Labor, War Invalids and Social Affairs and the Departments of Labor, War Invalids and Social Affairs. . It is known that Circular No. 43 will take effect from August 1, 2020.

Source: Traffic Newspaper

a) Submit application for administrative procedures:

– Organizations and individuals submit dossiers of application for registration and issuance of Boat Book to one of the crew registration agencies.

– Crew registration agency includes: Vietnam Maritime Administration, Maritime Sub-Department in Hai Phong, Maritime Sub-Department in Ho Chi Minh City, port authorities authorized by the Director of Vietnam Maritime Administration ( Da Nang, Quang Ninh, Nghe An, Ha Tinh, Thanh Hoa, Thua Thien Hue, Quy Nhon, Nha Trang, Quang Binh, Vung Tau, Can Tho, Kien Giang, Dong Thap, Thai Binh, Nam Dinh).

b) Handling administrative procedures:

The seafarer registration agency shall receive and examine the dossiers and handle them as follows:

+ In case of direct submission, if the dossier is incomplete as prescribed, the dossier shall be returned and instructions for the organization or individual to complete the dossier shall be returned as prescribed;

+ In case of receiving dossiers via postal system or other suitable forms, if the dossiers are incomplete as prescribed, within two (02) working days from the date of receipt of the dossiers, the competent authority shall: register seafarers to send written instructions to organizations and individuals to complete the dossier;

+ Within two (02) working days from the date of receipt of a complete dossier as prescribed, the seafarer registration agency shall enter the seafarer register and issue the seafarer book according to the prescribed form. In case of refusal, the seafarers registration agency must reply in writing within the prescribed time limit and clearly state the reasons therefor.

2. How to do it:

Submit the application in person or via the postal system or by other appropriate means as prescribed.

3. Composition, number of dossiers:

a) Dossier composition:

– The application form for the seafarer’s book, made according to the form;

– Two color photos 4×6 cm, in the form of a National Identity Card taken within six (06) months;

– A copy (together with the original for comparison) or a certified true copy of the people’s identity card or citizen identification card or passport;

– A copy (together with the original for comparison) or a certified true copy of the Certificate of basic professional training;

– Professional certificate relevant to the title held, for positions that do not require a Certificate of Professional Ability (for seafarers);

– The ship owner’s internship acceptance document (for interns).

b) Number of dossiers: 01 set.

4. Time limit for settlement:

Within 02 working days from the date of receipt of complete dossiers as prescribed.

5. Subjects performing administrative procedures: Organizations and individuals.
6. Administrative procedure-implementing agency:

a) Authority competent to decide: Vietnam Maritime Administration;

b) Decentralized competent authorities: Maritime Sub-Department in Hai Phong, Maritime Sub-Department in Ho Chi Minh City, Port authorities authorized by the Director of the Vietnam Maritime Administration (Da Nang, Quang Ninh) Ninh, Nghe An, Ha Tinh, Thanh Hoa, Thua Thien Hue, Quy Nhon, Nha Trang, Quang Binh, Vung Tau, Can Tho, Kien Giang, Dong Thap, Thai Binh, Nam Dinh);

c) Agencies directly carrying out administrative procedures: Vietnam Maritime Administration, Maritime Sub-Department in Hai Phong, Maritime Sub-Department in Ho Chi Minh City, Port authorities approved by the Director of Vietnam Maritime Administration. Nam authorized (Da Nang, Quang Ninh, Nghe An, Ha Tinh, Thanh Hoa, Thua Thien Hue, Quy Nhon, Nha Trang, Quang Binh, Vung Tau, Can Tho, Kien Giang, Dong Thap, Thai Binh, Nam Dinh) .

d) Coordinating agency: None.

7. Results of administrative procedures implementation:

– Crew book.

8. Fees and charges: 190,000 VND/1 book
9. Name of application form, administrative declaration form:

– The application form for the issuance of the Crew Book

10. Requirements and conditions for performing administrative procedures:

–  Trainees, crew members working on Vietnamese ships, Vietnamese crew members working on foreign ships.

11. Legal basis of administrative procedures:

– Circular No. 23/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport providing for the titles and duties of crew members and registration of crew members working on Vietnamese ships. Male;

– Circular 189/2016/TT-BTC dated November 8, 2016 of the Minister of Finance stipulating the collection rate, mode of collection, payment, management and use of fees and charges in specialized maritime activities.

* Declaration Form

Attachments:
MauDKvCSTV.rar

Had to hire foreign crew at high price

Statistics from the Vietnam Maritime Administration show that by the end of 2019, the number of ships flying the Vietnamese flag was about 1,500. With more than 41,000 seafarers holding Certificates of Competency (GCCNCM) working on board ships, in theory, the number of officers and crew members still meets the needs of the domestic fleet (average 15 people). /ship) and the needs of foreign-flagged ships.

However, Mr. Vu Khang Cuong, Head of the Ship and Crew Registration Department (Vietnam Maritime Administration) said that it is increasingly difficult for ship owners to recruit crew members, especially those with high skills. Some ship owners have to use foreign crew members, including low-ranking titles such as OS (internship), AB (experienced) to maintain the operation of the fleet.

According to Mr. Nguyen Que Duong, Head of Crew and Ship Management Department (VN Maritime Corporation – Vinalines), Vietnam’s crew is currently in serious shortage. “If decades ago, shipping companies like Vosco, Vinaship… were the “dreamland” of many young people wishing to change their lives, now, Vinalines’ crew members are mainly old people. Even recently, a number of recruitment agencies in the positions of mechanics and service crew could not find candidates, “said Mr. Duong. .

A representative of Tan Dai Duong Shipping Investment Joint Stock Company said that currently, the market for “hired” seafarers for foreign ships is quite active. Some European ships are paying quite attractive salaries with the title of 2nd Deputy is 2,200 USD/month, 3rd Deputy is 2,000 USD/month. “For AB-level sailors, most ship owners are paying from 800-900 USD/person/month. Some Vietnamese ship owners also raised the salary for AB sailors from 10-12 million/month to 12-14 million. /month. However, Vietnam’s AB-level sailors are very lacking,” he said.

According to Mr. Vu Khang Cuong, crew members are “indifferent” to the current profession due to many reasons. In which, workers, especially young people, have many job options with better income than seafaring – a profession that is often away from home and has to cope with waves and winds.

“The negative feedback about the status of salary debt, “running out” of wages along with the fragmented and unprofessional management methods of some ship owners also makes workers depressed and dissatisfied. Currently, the State’s policy has almost no special incentives to motivate workers,” said Mr. Cuong.

Crew members will enjoy special benefits in terms of salary and bonus

Mr. Vu Khang Cuong said that recently, the President signed an Order to promulgate the Labor Code (amended) passed by the XIV National Assembly at its 8th Session. This is the first Code regulating employees. Working in the maritime sector is classified in the group of special occupations, and is entitled to a number of appropriate regimes in terms of training, labor contract, salary, and working hours. “This is an important premise for functional levels and businesses to research and propose appropriate policies to the Government to “revive” maritime human resources in general and seafarers in particular,” said Mr. Cuong.

According to Mr. Cuong, in the coming time, the Vietnam Maritime Administration will study and consult with authorities on the regulation of the minimum wage on the basis of reference to the minimum salary of seafarers of the ITF (International Transport Worker’s Federation). ). “However, the regulation of the minimum wage may greatly affect the operation of enterprises. Therefore, this issue will be carefully considered before proposing to the competent authorities,” Mr. Cuong said. good.

Meanwhile, Mr. Nguyen Que Duong said that if the maritime sector is classified as a specific industry, the relevant regimes also need to be considered and adjusted in the direction of priority. Typically, social insurance (social insurance) and medical insurance (health insurance) of seafarers. According to regulations, a seafarer’s time at sea in a year is only from 8-10 months, 2-4 months on ashore without salary, meaning no social insurance contributions. Due to the almost non-existent continuity in insurance contributions, very few seafarers are eligible for the insurance period to receive pensions (except for crew members on the payroll of large companies).

Compulsory health insurance is also costly for seafarers when most of the year, seafarers work at sea and do not use medical services onshore. The seafarers who reserve ashore are not supported by health insurance because they do not have a salary. “Functional levels should soon have a policy of taking 10 months of social insurance payment (with income) of seafarers equally divided among 12 months of the year and giving priority to seafarers who do not have to buy compulsory health insurance to avoid additional costs, encourage Seafarers are attached to the profession,” suggested Mr. Duong.

Source: Traffic Newspaper